1.1 	A bill for an act
1.2 	relating to health; establishing criteria for
1.3 	placement of a secure forensic state nursing facility;
1.4 	amending Minnesota Statutes 2004, section 246.014.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 246.014, is
1.7 	amended to read:
1.8 	246.014 SERVICES.
1.9 	The measure of services established and prescribed by
1.10 	section 246.012, are:
1.11 	(a) The commissioner of human services shall develop and
1.12 	maintain state-operated services in a manner consistent with
1.13 	sections 245.461, 245.487, and 253.28, and chapters 252, 254A,
1.14 	and 254B.  State-operated services shall be provided in
1.15 	coordination with counties and other vendors.  State-operated
1.16 	services shall include regional treatment centers, specialized
1.17 	inpatient or outpatient treatment programs, enterprise services,
1.18 	community-based services and programs, community preparation
1.19 	services, consultative services, and other services consistent
1.20 	with the mission of the Department of Human Services.  These
1.21 	services shall include crisis beds, waivered homes, intermediate
1.22 	care facilities, and day training and habilitation facilities.
1.23 	The administrative structure of state-operated services must be
1.24 	statewide in character.  The state-operated services staff may
1.25 	deliver services at any location throughout the state.
2.1 	(b) The commissioner of human services shall create and
2.2 	maintain forensic services programs.  Forensic services shall be
2.3 	provided in coordination with counties and other vendors.
2.4 	Forensic services shall include specialized inpatient programs
2.5 	at secure treatment facilities as defined in section 253B.02,
2.6 	subdivision 18a, consultative services, aftercare services,
2.7 	community-based services and programs, transition services, or
2.8 	other services consistent with the mission of the Department of
2.9 	Human Services. If the commissioner establishes a secure
2.10 	forensic state nursing facility, the commissioner shall not
2.11 	place the facility in a city or town, if the city or town
2.12 	council or board has held a public hearing on the potential
2.13 	placement, and has passed a resolution or ordinance opposing
2.14 	this placement.
2.15 	(c) Community preparation services as identified in
2.16 	paragraphs (a) and (b) are defined as specialized inpatient or
2.17 	outpatient services or programs operated outside of a secure
2.18 	environment but are administered by a secured treatment facility.
2.19 	(d) The commissioner of human services may establish
2.20 	policies and procedures which govern the operation of the
2.21 	services and programs under the direct administrative authority
2.22 	of the commissioner.

2.23 	EFFECTIVE DATE. This section is effective the day
2.24 	following final enactment.